Country Guide · Germany

Legal Help in India for NRIs Living in Germany

For Indian citizens, OCI cardholders and Indian-origin families in Berlin, Munich, Frankfurt, Hamburg and across Germany with property, inheritance, tax or family matters in India.

  • Documents attested by the Indian Embassy or Consulates
  • Property sale and inheritance
  • Tax and repatriation
  • Calls planned around the time difference

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Get Help from Germany

Tell us where in Germany you live and where in India your matter is.

Common matters

Matters Germany-Based NRIs Most Often Raise

Many Indian professionals in Germany hold property in India and need to sell, rent out or inherit it from abroad.

Selling or buying property

Selling property in India and moving the proceeds to Germany.
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Power of Attorney

Authorising someone in India to act for you.
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Inheritance

Transferring a parent’s property or deposits.
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Tax on a property sale

Indian tax and TDS when you sell property.
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Builder delays & RERA

Delays and refunds on apartments booked in India.
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Divorce

Divorce or maintenance proceedings in India.
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Documents signed in Germany

Getting Documents Signed in Germany Accepted in India

Germany objected to India’s accession to the Apostille Convention, so apostilles are generally not used between the two countries. Documents for India are attested by Indian missions in Germany.

Indian mission attestation

  • India’s missions in Germany: the Embassy in Berlin and the Consulates General in Frankfurt, Munich and Hamburg.
  • For a power of attorney or affidavit for use in India, you generally sign in person before the consular officer with your original passport.
  • Check the mission website for current fees, appointments, photographs, witnesses and whether an outsourced centre handles applications.
  • Germany objected to India’s accession to the Apostille Convention in 2005, and the objection has not been withdrawn — so a German apostille is generally not the route for India.

Before you sign

  • Get the draft prepared or reviewed by your lawyer in India before you sign.
  • Keep the text specific — the property, the acts allowed and the time period.
  • Carry your passport, residence permit and copies of the property papers.
  • Some Indian banks and builders have their own formats — ask for them in advance.

Once the document reaches India

  • Have it stamped in India within three months of receipt, as the applicable stamp law requires — usually by adjudication at the stamp office.
  • A Power of Attorney used to register a sale or other deed must satisfy the authentication requirements of the Registration Act, 1908.
  • Register the deed where registration is compulsory, through your attorney holder at the sub-registrar’s office.
  • Keep scanned and certified copies — originals are sometimes retained by the registering office or a court.

Practical tips

  • Keep the power of attorney specific to the property or task.
  • Make sure your name matches across passport, residence permit, OCI card and Indian records.
  • Send originals to India by tracked courier and keep scans.
  • Remind your attorney holder about the three-month stamping deadline in India.

Tax, banking & FEMA

Money Matters Between India and Germany

Two tax systems can touch the same transaction. Take advice in India and where you live before you sign.

On the Indian side

  • Capital gains on selling property in India are taxed in India. The buyer must deduct tax at source when buying from a non-resident — under section 393(2) of the Income-tax Act, 2025 from 1 April 2026 (earlier section 195 of the 1961 Act).
  • If the TDS would exceed the tax actually due, you can apply to the Income Tax Department for a lower or nil deduction certificate before the sale.
  • Sale proceeds and other NRO balances can be repatriated up to USD 1 million per financial year under RBI rules, usually with Forms 15CA/15CB.
  • Under FEMA, NRIs and OCIs may buy residential and commercial property but not agricultural land, plantations or farmhouses — though they can inherit them.

On the German side

  • German tax residents may be taxed on worldwide income, which can include gains on Indian property.
  • The India–Germany tax treaty and foreign tax credit rules may reduce double taxation.
  • These are German tax questions — consult a local tax adviser. This page covers Indian law only.

Courts & family matters

Indian Court Proceedings from Germany

Video appearance

Many Indian courts allow parties abroad to join by video, subject to each High Court’s rules and the court’s permission.

Vakalatnama

Your lawyer appears for you on a vakalatnama that can usually be signed in Germany and sent to India.

German divorce decrees

Recognition in India depends on Section 13 of the Code of Civil Procedure — jurisdiction and grounds matter.

Children across borders

India is not a party to the Hague Child Abduction Convention; Indian courts decide custody on the child’s welfare.

Before travelling to India

If a complaint has been filed against you, take advice on anticipatory bail and any Look Out Circular before you book flights.

Time difference

India is 3½ to 4½ hours ahead of Germany, depending on daylight saving.

FAQs

Frequently Asked Questions

Can I use a German apostille for a power of attorney for India?

Generally no. Germany objected to India’s accession to the Apostille Convention, so documents are attested by an Indian mission in Germany.

Which mission do I approach?

The Embassy in Berlin or the Consulate General in Frankfurt, Munich or Hamburg, depending on your federal state.

Is my German divorce recognised in India?

Not automatically — it must satisfy Section 13 of the Code of Civil Procedure.

Related

Related NRI Services

NRI Power of Attorney

Authorising someone in India.
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NRI property disputes

Title, ownership and possession.
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NRI inheritance

Heirs living abroad.
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NRI divorce

Divorce in India from abroad.
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Other countries

NRI legal support worldwide.
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NRI legal FAQs

Common questions answered.
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Handle Your Matter in India from Germany

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The information provided is for general educational purposes only and does not constitute legal advice. Applicable laws and procedures may vary depending on the facts, jurisdiction, and circumstances of each matter. Consult a qualified legal professional before taking action. Last reviewed: November 2026.